Time limits
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Questions and Answers

How soon must the Immigration Division hold a detention review hearing after the detention of a foreign national?

  • 48 hours (correct)
  • 24 hours
  • 1 week
  • 72 hours

    • What is the time limit for the second detention review after the initial 48-hour review?

  • 3 days
  • 30 days
  • 14 days
  • 7 days (correct)

    • After the seven-day review, how often must subsequent reviews be conducted?

  • Every 60 days
  • Every 90 days
  • Every 30 days (correct)
  • Every 10 days

    • What is the time limit for designated foreign nationals for the seven-day detention review?

    <p>14 days</p> Signup and view all the answers

    When must a request for changing the language of the hearing be submitted for a 48-hour review?

    <p>As soon as possible</p> Signup and view all the answers

    What is the time limit for submitting documents related to constitutional questions?

    <p>10 days</p> Signup and view all the answers

    How long do individuals have to request written reasons for a decision after it takes effect?

    <p>10 days</p> Signup and view all the answers

    What is the time frame for the Minister to disclose information for a seven-day or thirty-day review?

    <p>3 days before the hearing</p> Signup and view all the answers

    What is the timeframe for responding to an appeal after receiving supporting documents?

    <p>15 days</p> Signup and view all the answers

    When must a request to become counsel of record be made?

    <p>Three working days before the hearing</p> Signup and view all the answers

    What is the deadline for providing notice of appeal?

    <p>Ten days after RPD receives it</p> Signup and view all the answers

    How soon should a request for changing language be made?

    <p>As soon as possible but not later than 20 days before</p> Signup and view all the answers

    If a document is sent by regular mail to a recipient in Canada, how long does it take to be considered received?

    <p>Seven days</p> Signup and view all the answers

    What is the response time for written submissions by UNHCR?

    <p>Ten days after receiving the notice</p> Signup and view all the answers

    When should an application to change the hearing location be made?

    <p>Twenty days before the hearing</p> Signup and view all the answers

    What is the timeframe for replying to a written response?

    <p>Five days after receiving the response</p> Signup and view all the answers

    What is the time limit for submitting the notice of appeal and written reasons for refusal after receiving the written reasons for refusal?

    <p>30 days</p> Signup and view all the answers

    How long does the Minister have to provide the appeal record for sponsorship and residency obligation appeals as of January 14, 2023?

    <p>30 days</p> Signup and view all the answers

    What is the maximum time allowed for submitting documents related to medical grounds in response to inadmissibility?

    <p>60 days</p> Signup and view all the answers

    What is the time limit for the Immigration Division to share the appeal record with the appellant after receiving the notice of appeal?

    <p>45 days</p> Signup and view all the answers

    How long does a party have to submit documents in response to another party's submission before a hearing?

    <p>20 days</p> Signup and view all the answers

    What is the time frame for submitting witness information prior to a hearing?

    <p>20 days</p> Signup and view all the answers

    When receiving a document sent by regular mail, what is the time frame that marks the receipt if the seventh day is a holiday?

    <p>Next work day</p> Signup and view all the answers

    For an appeal from a removal order made at an admissibility hearing, what is the time limit to submit the notice of appeal and removal order?

    <p>30 days</p> Signup and view all the answers

    What is the time limit for the Minister to provide documents after receiving a notice of appeal concerning the residency obligation?

    <p>120 days</p> Signup and view all the answers

    By when must an appellant provide their contact information if they are the appellant?

    <p>With the notice of appeal</p> Signup and view all the answers

    For a written application response, what is the time limit to submit the response?

    <p>3 days</p> Signup and view all the answers

    How long after a notice of appeal must the counsel of records be introduced to the IAD?

    <p>2 days</p> Signup and view all the answers

    How many days does a party have to request a language change or interpreter after receiving notice of appeal?

    <p>20 days</p> Signup and view all the answers

    When can appeals concerning the residency obligation be filed?

    <p>After PRTD refusal</p> Signup and view all the answers

    What is the deadline for introducing a witness before a hearing?

    <p>20 days before the hearing</p> Signup and view all the answers

    How many days after receiving a written application does a party have to respond?

    <p>Five days</p> Signup and view all the answers

    What is the time limit to request an interpreter before a proceeding?

    <p>Ten days before the proceeding</p> Signup and view all the answers

    What is the time frame to withdraw as the counsel of record?

    <p>Three working days before the next proceeding</p> Signup and view all the answers

    After a party receives a notice of decision, how long do they have to request written reasons?

    <p>Ten days</p> Signup and view all the answers

    How far in advance must a request to change a proceeding’s date be made?

    <p>Three working days before</p> Signup and view all the answers

    What is the deadline for the Minister to notify the RPD about their response without a hearing?

    <p>Ten days after receiving the Basis of Claim Form</p> Signup and view all the answers

    If the Minister raises concerns about inadmissibility, how long do they have to do so after receiving the notice to appear?

    <p>Twenty days</p> Signup and view all the answers

    How long does a party have to submit changes or additions to the Basis of Claim form before the hearing?

    <p>Ten days</p> Signup and view all the answers

    What is the time limit for providing witness information before the date fixed for the hearing?

    <p>Ten days</p> Signup and view all the answers

    What is the time limit for responding to a written request after receiving the application?

    <p>Five days</p> Signup and view all the answers

    When must the notice of a constitutional question be submitted?

    <p>Ten days before the argument</p> Signup and view all the answers

    How long does the Minister have to reply to an intervention notice?

    <p>Fifteen days</p> Signup and view all the answers

    If a party wants to request an extension for submitting the Basis of Claim form, how many days in advance must they request it?

    <p>Three days before the deadline</p> Signup and view all the answers

    Study Notes

    Immigration Division Rules (IDR) Time Limits

    • Detention Review Hearings:

      • Initial review (48 hours): Immigration Division (ID) must hold a hearing within 48 hours of a foreign national or permanent resident's detention.
      • Seven-day review: A second detention review is required within seven days.
      • Subsequent reviews: 30-day reviews are held thereafter until release.
      • Designated foreign nationals: 14-day review, then a possible six-month (no specific rule within IDR) review.

    • Written Reasons for Decisions:

      • Detention review & admissibility hearings: Requests for written reasons must be submitted within 10 days of the decision becoming effective.

    • Hearing Requests:

      • Language changes, interpreters, document submission, witness information, and proceeding location/privacy: Requests must be submitted 5 days before the hearing, or as soon as possible if it's a 48-hour review.

    • Document Receipt:

      • Regular mail: Documents received via regular mail are considered processed 7 days after the mail date. Holidays can shift the deadline to the next business day.

    • Responding to Applications/Responses:

      • Written application responses: 5 days after receiving the application.
      • Written responses: 3 days after receiving the response.
      • 48-hour review responses: Responded as soon as possible.

    • Constitutional Questions:

      • Submission of documents for constitutional questions: 10 days.

    • Admissibility Hearings:

      • Review procedures essentially mirror detention reviews
      • Immediate inadmissibility hearings: Specific procedural requests (language, interpreter, etc.) are submitted at the hearing.

    Immigration Appeal Division Rules (IADR) Time Limits

    • Sponsor Appeals:

      • Notice of appeal and reasons for refusal: 30 days after receiving the written reasons for the refusal.
      • Documents the Minister must send to the appellant: 120 days after receiving the appeal notice.

    • Jan 14th, 2023 Update: Minister must provide the appeal record within 60 days for sponsorship and residency obligation appeals.

    • Appeal from Removal Orders (Admissibility Hearings):

      • Notice of appeal and removal order: 30 days after receiving the removal order.
      • Appeal record to appellant and IAD: 45 days after the Immigration Division received the appeal notice.

    • Jan 14th, 2023 Update: Immigration Division/Minister must provide the appeal record within 30 days.

    • Appeal from Removal Orders (Examinations):

      • Notice of appeal and removal order: 30 days after receiving the order.
      • Appeal record to appellant and IAD: 45 days after the Minister received the appeal notice.

    • Appeal from Residency Obligation (Outside Canada):

      • Notice of appeal and written reasons: 60 days after the appellant received the written decision.
      • Documents the Minister must send to the appellant: 120 days after the Minister received the appeal notice.

    • Minister's Appeal from Admissibility Hearing:

      • Statement details (Minister): 30 days after the Immigration Division rendered the decision.
      • Appeal record submission (Immigration Division): 45 days after receiving the appeal notice.

    Common IAD Time Limits

    • Contact Information/Counsel:

      • Appellant: provided with appeal notice.
      • Minister: within 20 days of receiving the appeal notice.
      • 2 days before the hearing for counsel introduction if applicable.

    • Legal Representation & Interpretation:

      • Language needs & interpreter requirements: 20 days after appeal notice or before proceeding.

    • Document Submission:

      • Normal: 20 days before hearing, 10 days in response.
      • Medical documents (inadmissibility): 60 days before hearing, 30 days in response.

    • Document Receipt:

      • Inside Canada: 7 days; Outside Canada: 20 days, with adjustments for holidays.

    • Other Requests:

      • Changing proceeding location: 30 days before the proceeding.
      • Changing the date/time of a proceeding: 2 days prior or verbal at the hearing.
      • Private proceeding requests: 20 days before.
      • Constitutional question notices: 10 days before argument.
      • Written reasons on request: 10 days after the decision notice.

    Refugee Protection Division Rules (RPDR) Time Limits

    • Contact Information: 10 days after receiving information from officer.
    • Basis of Claim (BOC) extension: 3 days before the deadline.
    • BOC changes/additions: 10 days before the hearing.
    • Withdrawal as Counsel: 3 working days before the next proceeding.
    • Language/Interpreter Changes: 10 days before the proceeding.
    • Minister's response (no hearing): 10 days after receiving the BOC.
    • Hearing date/notice: 20 days after the parties receive the notice.
    • Minister's inadmissibility concerns: 20 days after the notice.
    • Minister's interventions: Timeframes dependent on reception of a response.
    • Document Disclosure: 10 days before hearing (or 5 if response);
    • Witness information: 10 days before hearing.
    • Written applications: 10 days before proceeding.
    • Responding to written applications: 5 days after receiving the application.
    • Responding to written responses: 3 days after receiving the response.
    • Changing location: 20 days before the hearing.
    • Changing date/time: Immediate requests, with flexibility for emergencies.
    • Retaining counsel: 5 working days after the hearing date.
    • New hearing dates: Within 10 working days of originally scheduled time or ASAP after.
    • Joining/Separating Claims: 20 days before the hearing.
    • Special hearings for failure to submit BOC or appear: 5 working days after deadline or the hearing date.
    • Constitutional Questions: 10 days before the argument.

    Refugee Appeal Division Rules (RADR) Time Limits

    • Reply to Minister's intervention: 15 days after receiving the notice, intervention record, or additional documents.
    • Response to appeal: 15 days after receiving supporting documents, or extension from RAD.
    • Becoming Counsel of Record: 3 working days before the hearing, or orally.
    • Notice of appeal submission: 10 days after RPD receives it.
    • Language Changes: as soon as possible but no later than 20 days before the hearing.
    • RAD decision on constitutional questions: At least 10 days after receive the notice.
    • Document receipt: 7 days (Canada), 20 days (outside Canada); holidays shift.
    • Reply to written response: 5 days after receiving it.
    • Decision after panel assignment: 15 days after notifying parties.
    • UNHCR submissions: 10 days and 7 days response times.
    • Other party submissions: 10 days and 7 days response times.
    • Participation application: 10 days after submission (or Minister receipt).
    • Hearing date after notice: 10 days after notice is received
    • Interpretation/witness/location changes: 20 days before hearing.
    • Oral application: 2 days before hearing or at hearing.

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    Test your knowledge on the procedures and time limits for detention reviews in immigration law. This quiz covers critical aspects such as the timing of hearings and submission of documents related to foreign nationals. Perfect for law students or professionals in immigration policy.

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